FMLA laws are very complex, and many employees and employers get FMLA leave wrong. All of the following must apply for you to be covered by FMLA:
- Your employer must have at least 50 employees.
- You must have worked for the employer for at least 12 months.
- You must have worked at least 1,250 hours during the 12 months prior to the start of leave.
- You must work at a location where the employer has 50 or more employees, or 50 or more employees within 75 miles of your location.
If you are covered by FMLA, your employer is required to provide you with job-protected leave for any of the following reasons:
- For the birth of a son or daughter, and to bond with the newborn child;
- For the placement with the employee of a child for adoption or foster care, and to bond with that child;
- To care for an immediate family member (spouse, child, or parent – but not a parent “in-law”) with a serious health condition;
- To take medical leave when the employee is unable to work because of a serious health condition; or
- For qualifying exigencies arising out of the fact that the employee’s spouse, son, daughter, or parent is on covered active duty or call to covered active duty status as a member of the National Guard, Reserves, or Regular Armed Forces.
How much leave do you get?
FMLA allows for up to 12 weeks of leave in a 12-month period. FMLA uses what is called a rolling calendar, which means it looks back at the 12 months from the day your leave starts. The leave can be for a set number of days or weeks, which is called continuous FMLA, or it can be for up to a certain number of days a month, which is called intermittent FMLA.
Is FMLA paid leave?
No, the FMLA does not require that your employer pay you while you are out. Your employer may require you to take all of your paid vacation, and sick time or personal time while you are on FMLA.
What happens when you return from FMLA?
Your employer must return you to the same job, or one that is nearly identical. Nearly identical means the same work schedule, the same or nearby location, the same duties, the same skills, the same pay (including overtime and bonuses), and the same benefits (insurance, vacation, etc.).